Prohibited Acts and Disqualifications
What the domain covers
Prohibited Acts and Disqualifications tests the limits of your commission. The exam asks when you must refuse, what conflicts disqualify you, and what conduct can lead to discipline.
Core rules
- No self-notarization. You may not notarize your own signature or a document in which you are a party or have a direct beneficial interest. If you are buying a house, you cannot notarize your own deed.
- No notarization without appearance. A signer who is not before you cannot be notarized, even if you know the signature.
- No blank certificates or pre-signed seals. Never stamp a blank document or leave a completed certificate attached to a blank page.
- No legal advice. You may explain what an oath is and how to complete the certificate. You may not explain the legal effect of a document, choose a form for a party, or draft legal language unless you are a licensed attorney.
- No expired commission. A notarial act performed after expiration or revocation is invalid and may subject you to penalties.
- Fee limits and honesty. Charge only the fee Kansas law allows, and never represent that a notarial act makes a document “legal” or “approved.”
Worked example
Your business partner asks you to notarize a partnership agreement that you both signed. You are a party with a direct financial interest. You must decline even though the signer is present, known to you, and willing. Refer the partnership to an independent notary. If you stamp the agreement, you have violated the conflict rule and exposed the document to challenge.
Traps that cost marks
“I know the signer” does not excuse absence. Notarizing for a family member can create a disqualifying interest, so check the relationship and the benefit. Do not backdate to cure an expired commission. Do not use your seal as a witness signature or as proof that you reviewed the document. Do not charge extra for a jurat by calling it a different act.